Interim decree (Article 35-bis(4) of Legislative Decree 25/2008) · R.G. 44893/2026
Wording of the operative part: «dà atto che l'efficacia esecutiva del provvedimento impugnato è automaticamente sospesa dalla proposizione del ricorso»
Unofficial translation of the SOS Patto summary. The original decision or document is available in Italian only.
Headnote
Where the application for international protection was “lodged” before 12 June 2026, the ground of appeal against the decision of the Commissione territoriale based on the incorrect application of the Pact rules does not appear — prima facie — to be well founded, because, pursuant to Article 17(4) of Decree-Law 100/2026, converted with amendments into Law No 145 of 7 August 2026, the former rules continue to apply until the conclusion of the proceedings to proceedings initiated following an application made before 12 June 2026. Under that regime, an appeal against the decision by which the Commissione territoriale declared the proceedings terminated on account of the withdrawal of the application does not fall within any of the cases excluding automatic suspension set out in Article 35-bis(3), points (b) and (c), or in Article 35-bis(5), of Legislative Decree 25/2008: enforceability is automatically suspended by the lodging of the appeal, with the issuing of a provisional residence permit for the entire duration of the proceedings.
The Tribunale di Roma (Eighteenth Civil Section, designated judge Dr. Francesco Rossini) records the automatic suspension of the enforceability of the decision of the Commissione territoriale by which the international protection proceedings had been declared terminated on account of the withdrawal of the application, and orders the issuing of a provisional residence permit for the entire duration of the proceedings. The application had been lodged on 19 March 2026 — before 12 June 2026 — which makes the ground based on the erroneous application of the Pact prima facie unfounded.
The decree applies Article 17(4) of Decree-Law 100/2026, converted with amendments into Law No 145 of 7 August 2026: to proceedings initiated following an application made before 12 June 2026, “the former rules continue to apply until the conclusion of the proceedings” — even though the Tribunale sits as a single judge also in proceedings other than those referred to in Article 16(1) of Legislative Decree 25/2008. The substantive and procedural double track, with generalised single-judge composition and the former substantive rules, reflects the ratio of the transitional provision.
The decree addresses the procedural fate of the termination declared by the Commissione on account of the withdrawal of the application. Under the former regime applicable ratione temporis, the case “does not fall within any of the cases referred to in Article 35-bis(3), points (b) and (c), or paragraph 5”; nor has the appellant alleged any of the conditions of Article 35-bis(3), points (a), (d) and (d-bis). The general rule therefore applies, under which the contested act is automatically suspended by the lodging of the appeal.
The decree sets the hearing “without the hearing of the person concerned” for 17 June 2027, to be replaced by the filing of written submissions under Article 127-ter of the Code of Civil Procedure; and invites counsel, should it be in the appellant's interest to seek only special protection, to request that the hearing be brought forward together with a partial waiver of the claims relating to the higher forms of protection, documenting that the employment relationships are still current.
The decree sits alongside Trib. Perugia 2948/2026 on automatic suspension in appeals against termination decisions under the former regime, and with Trib. Torino 17608/2026 and Trib. Milano 31896/2026 on the scope of the transitional regime under Article 17(4) of Decree-Law 100/2026.
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